Renting and occasional sub-letting

agrinnall

This is a hypothetical situation for something I may do in the future.

If I rent a 2 bedroom flat can I sub-let the other bedroom on an occasional basis, for example through crashpadder, without needing to get permission from the LL? Would the income qualify for tax exemption under Rent-a-room? (I can't see anything in PIM4001 to suggest it wouldn't but I'm sure somebody can confirm that).

BitterAndTwisted

You could be breaking the terms of your contract by sub-letting part of the property without your landlord's consent. Dunno about the Rent-A-Room scheme but it does sound to me that it would qualify as long as you ensure the income is below the theshold

00ec25

re tax - you do not have to own the property in order to claim under the rent a room scheme, a tenant can sub let to a lodger and claim under the r-a-r
the tax free limit is total income £4,250, you cannot "hide" income by saying so much is for bills and so much is for rent, it is the total you get, not what you call it that counts

agrinnall

BitterAndTwisted wrote: »

You could be breaking the terms of your contract by sub-letting part of the property without your landlord's consent.

Thanks for the replies so far, I read PIM4001 more closely and agree with what you say.

I guess my first question should really have been what counts as sub-letting? Does it include having random people staying for a couple of nights two or three times a month? If it was friends visiting it would be fine but does the fact that I'd be charging make a difference? If there's a doubt about it then I would raise it with the LL before agreeing the let but it's not as if the people staying have any contract or right to stay longer than they'll have paid for.

N79

agrinnall wrote: »

Thanks for the replies so far, I read PIM4001 more closely and agree with what you say.

I guess my first question should really have been what counts as sub-letting? Does it include having random people staying for a couple of nights two or three times a month? If it was friends visiting it would be fine but does the fact that I'd be charging make a difference? If there's a doubt about it then I would raise it with the LL before agreeing the let but it's not as if the people staying have any contract or right to stay longer than they'll have paid for.

Subletting is not allowed under an AST (typical English residential tenancy) unless the LL specifically authorises it. This is because there is an implied term in every AST which forbids subletting (see Housing Act 1988 S15 (1) b if interested).

Subletting would include any provision of accommodation in return for money on any basis (whatever the length, terms or amount of the property sublet). It would not include having guests staying who do not make any contribution.

As an aside, of course the people paying you for accommodation have a contract with you and whether or not they have the right to stay longer than they have paid for will depend on the nature of that contract.

So you will need to approach your LL and ask for permission to sublet.

rageagainstessays

Where I worked as a administrator/assistant to the MD. According to the assured shorthold tenancy agreement subletting was not allowed. I was also told that any properties under our management were never to be sub-letted.

jjlandlord

N79 wrote: »

Subletting is not allowed under an AST (typical English residential tenancy) unless the LL specifically authorises it. This is because there is an implied term in every AST which forbids subletting (see Housing Act 1988 S15 (1) b if interested)

What about fixed term ASTs?